Lot 12, Block 3 Permanent Trail and Utility Easement A 1111111 IIIIIIII IIIIIIIIIIII11111111111111111111 IIIIIIIIIII II IIIIIIII
REBECCA SEEMAN
+,REGISTER OF DEEDS SALINE COUNTY KANSAS
;?Book:1422 Page: 553-555
Receipt #: 145762 Recording Fee: $55.00
Pages Recorded: 3 CPJ
Date Recorded: 2/14/2023 12:41:22 PM
PERMANENT TRAIL AND UTILITY EASEMENT
This Permanent Trail and Utility Easement is granted this OZ day of 42f4-u
2023, by and between NAOMI JEAN WISEMAN, a single person (the "Grantor") and the CITY
OF SALINA, KANSAS, a municipal corporation, (the "City"):
Grant: The Grantor, for good and valuable consideration, conveys to the City, in
perpetuity, a permanent easement (the "Easement") in, on, over, under and through the real estate
legally described and depicted on the attached and incorporated Exhibit A as Tract 1 (the "Real
Estate") for the purposes of:
(A) Trail. Constructing,maintaining,repairing,replacing,and operating a multi-
use, concrete-surfaced trail for use by the public in accordance with City
regulation.
(B) Utilities. Above and below-ground poles, wires, cables, conduit, pipeline,
junction boxes, and any other equipment or facilities utilized for the
purposes of conducting, transmitting, and distributing water, sewage,
electricity, gas, telecommunications, and any other electronic
transmissions by the City, City-authorized franchisees or licensees, or
those otherwise authorized by law to utilize the Utility Easement.
Restoration: After completion of construction, the City shall restore the area of the
Easement as set out in the project plans and specifications. Grantor acknowledges that grading
within the Easement may result in a permanent grade change.
Term: The Easement shall be perpetual.
Ownership: The Grantor covenants that Grantor owns the Real Estate and has the right,
title and capacity to grant the Easement.
Maintenance: The City covenants that it shall be responsible for:
A. Constructing,maintaining, repairing, replacing, and operating (including snow removal)
the multi-use, concrete-surfaced trail to be constructed on the Real Estate; and
B. Maintaining (including mowing) the Real Estate and that portion of the Magnolia Road
right-of-way between the south boundary of the Real Estate and the south curb line of
Magnolia Road.
Binding Effect: The Easement and these acknowledgements, agreements, and covenants
SHALL BE BINDING UPON AND SHALL RUN WITH THE REAL ESTATE.
'` • Book 1422 Page: 554
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed the
day and year written above.
Na mi Jean eman
ACCEPTANCE OF PERMANENT TRAIL AND UTILITY EASEMENT
CITY OF SALINA, KANSAS
By: ��%/b
c anI. Schrage, City Manager
ATTES .
JoVo yr • . " u rford, ity lerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on FebrNar 2, 2023, by Naomi Jean
Wiseman, a single person.
My appointtn:=t expirQAN STACK a ^7
r@ Notary Public-State of Kansas Notary Public
My Appt Expires December 13;1a21 Printed name: Dqn 6tack
STATE OF KANSAS, COUNTY OF SALINE,ss:
This instrument was acknowledged before me on by o-y 3 , 2023, by Michael D.
Schrage as City Manager and JoVonna A. Rutherford as City Clerk of the City of Salina, Kansas.
My appointment expires: 7/5/200 • �� ' '�/
Notary Public
joi NIKKI GODING Printed name:
Notary Public-Stat of Kansas
My Appt.Expires `��$'260
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
• Boolc 1422 Page: 555
EXHIBIT A
Tract 1, Point of Beginning
Magnolia Road
Tract 2, Point of Commencement
Tract 1 -Existing R/W
N89'54;39"E North Line of Lot 12
S072'50'W 96.80 4072'50 E — —
10.59 489 47'10"W 115.16 475
—.................„ \'' \ < /K 4q<mr\T_ _ _ _
N072'S0 E
S89 54 39'W 96.22
4.17 N74V102"E I I 4.00S07 "W
19.12
4.00
hS74'0102'W Block 3 Trait 2
I 19.72
o,
gTract 2, Point of Beginning
n I Existing R/W
West Line Lot 12 East Line Lot 12 Lot 1
j I Block .3
l 0 20 40 eo 80
mimmommisiiimi
SCALE: 1' = 40'
TRACT 1
A TRACT OF LAND IN LOT 12 BLOCK 3, KEY ACRES ADDI770N (ACCORDING TO THE CORRECTED PLAT
THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS•
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 12;
THENCE ON AN ASSUMED BEARING OF SOUTH 00' 12' 50" WEST ON 7HE WEST LINE OF SAID LOT 12,
A DISTANCE OF 10.59 FEET; THENCE NORTH 74' 01' 02" EAST, A DISTANCE OF 19.12 FEET; THENCE
NORTH 89' 54' 39" EAST, A DISTANCE OF 96.80 FEET TO THE EAST LINE OF SAID LOT 12; THENCE
NORTH 00' 12' 50" EAST, A DISTANCE OF 4.75 FEET TO THE NORTH LINE OF SAID LOT 12; THENCE
NORTH 89' 47' 10" WEST, A DISTANCE OF 115.16 FEET TO 7HE POINT OF BEGINNING.
(SAID DESCRIP770N WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.)
SAID TRACT CONTAINS 630 SQUARE FEET MORE OR LESS.
TRACT 2
A TRACT OF LAND IN LOT 12 BLOCK 3, KEY ACRES ADDI77ON (ACCORDING TO THE CORRECTED PLAT
THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PAR77CULARL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT 7HE NORTHWEST CORNER OF SAID LOT 12; THENCE ON AN ASSUMED BEARING OF
SOUTH 00' 12' 50" WEST ON THE WEST LINE OF SAID LOT 12, A DISTANCE OF 10.59 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 74' 01' 02" EAST, A DISTANCE 19.12 FEET; THENCE NORTH 89'
54' 39" EAST, A DISTANCE 96.80 FEET TO THE EAST LINE OF SAID LOT 12; THENCE SOUTH 00' 12'
50" WEST ON THE EAST LINE OF SAID LOT 12, A DISTANCE OF 4.00 FEET, THENCE SOUTH 89' 54'
39" WEST, A DISTANCE OF 96.22 FEET; THENCE SOUTH 74' 01' 02" WEST, A DISTANCE OF 19.72 FEET
TO THE WEST LINE OF SAID LOT 12; THENCE NORTH 00' 12' 50" EAST, A DISTANCE OF 4.17 FEET TO
THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 191H, 2022.)
SAID TRACT CONTAINS 464 SQUARE FEET MORE OR LESS.
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' CITY or SAUNA, 300 W ASH, SAUNA, KANSAS
LS 1428 PUBLIC WORKS-ENGINEERING- UALIDES
2•i4•L°z.3 EXHIBIT A
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